Determining who’s at fault in a car accident is key to resolving liability issues. But it’s important to reach a clear resolution with the other party soon after an accident occurs to avoid a legal dispute in the future. 

Why Does Fault Matter?

Often, the driver found responsible for a car accident is the one who pays for damages. This is especially true when someone is entirely at fault. But fault can also be apportioned to all parties involved. In New York, for example, a pure comparative fault rule is followed. If you share blame for an accident, the damages awarded to you will be reduced by the percentage equivalent to your share of fault.

What Factors Determine Fault?

Insurance companies start investigating once an accident is reported. They will try to discover the cause of the incident and who was at fault. Police reports do not determine fault, but they are used in the investigation that is done by the insurance company. Any evidence that you gather will also be taken into consideration.

Other factors that insurance companies look into include driver negligence, reckless driving, and poor road conditions. The location of the car’s damage can also say a lot about what happened. For instance, damage on the passenger side is almost always a sign that it’s the other party’s fault. When it’s challenging to establish fault, accident reconstruction experts might be brought in to re-create the incident. They will use engineering, physics, and dynamics concepts to better understand the series of events that took place.   

How Can You Gather Evidence?

If it's possible, take as many pictures of the accident scene as you can. Make sure you cover different angles because they are essential in cases where the location of car damage can pinpoint fault. Don’t leave out pictures of the road’s layout or the street signs if you want to prove that the other driver violated traffic rules. Talk to witnesses and get their testimonies and contact information. Their statements may be critical if the other party tries to blame you.

When you need a lawyer to help you determine fault in a car accident case, turn to Daniel R. McComb Attorney at Law in Batavia, NY. Their experienced legal team can help you with cases involving a car accident, personal injury, wills and estates, disability, and other legal practice areas. Call them today at (585) 343-2250 to schedule a consultation, or visit their website for more information.